House Bill 311

(As Sent to Governor)

AN ACT TO REENACT SECTIONS 73-2-1 THROUGH 73-2-23,
MISSISSIPPI CODE OF 1972, WHICH ARE THE LANDSCAPE ARCHITECTURAL PRACTICE LAWS;
TO AMEND SECTION 17, CHAPTER 371, LAWS OF 1999, AS AMENDED BY SECTION 15,
CHAPTER 406, LAWS OF 2001, TO DELETE THE REPEALER ON THE LANDSCAPE
ARCHITECTURAL PRACTICE LAW; AND FOR RELATED PURPOSES.

(a)
"Landscape architect" means a person who is licensed to
practice landscape architecture in this state under the authority of this
chapter and is engaging in the practice of landscape architecture within the
meaning and intent of this chapter when he performs or holds himself out as
capable of performing any of the services or creative works within the
definition of landscape architecture.

(b)
"Landscape architecture" means any service or creative work,
the adequate performance of which requires landscape architectural education,
training and experience; the performance of professional services such as
consultation, investigation, research, associated planning, design, preparation
of drawings, specifications and contract documents, and responsible supervision
or construction management in connection with the development of land areas
where, and to the extent that, dominant purpose of such services is the
preservation, enhancement or determination of proper land uses, natural land
features, ground cover and plantings, naturalistic and aesthetic values; the
determination of settings, grounds and approaches for buildings and structures
or other improvements; the determination of environmental problems of land
relating to erosion, flooding, blight and other hazards; the shaping and
contouring of land and water forms; the setting of grades, determination of
drainage and providing for storm drainage systems where such systems do not
require structural design of system components, and determination of landscape
irrigation; the design of such tangible objects and features as are necessary
to the purpose outlined herein, but shall not include the design of buildings
or structures with separate and self-contained purposes such as are ordinarily
included in the practice of architecture or engineering.

(c)
"Board" means the Mississippi State Board of Architecture as
established by Section 73-1-3 et seq.

(d)
"License" means a certificate granted by the Mississippi State
Board of Architecture authorizing its holder to practice landscape
architecture.

(e)
"Mississippi chapter" means the Mississippi Chapter of the
American Society of Landscape Architects.

73-2-5.
No person shall practice landscape architecture in this state or use the
title "landscape architect" on any sign, title, card or device to
indicate that such person is practicing landscape architecture or is a
landscape architect, unless such person shall have secured from the board a
license as landscape architect in the manner hereinafter provided, and shall
thereafter comply with the provisions of this chapter. Every holder of a current license shall
display it in a conspicuous place in his principal office or place of
employment.

73-2-7. In order to qualify for a license as a
landscape architect, an applicant must:

(a) Submit evidence of his good moral character
and integrity to the examining board.

(b) Have received a degree in landscape
architecture from a college or university having a minimum four-year curriculum
in landscape architecture approved by the board or have completed seven (7)
years of work in the practice of landscape architecture of a grade and
character suitable to the board.
Graduation in a curriculum other than landscape architecture from a
college or university shall be equivalent to two (2) years' experience of the
seven (7) specified above in this section, except that no applicant shall
receive credit for more than two (2) years' experience for any scholastic
training.

(c) Pass such written examination as required in
Section 73-2-9.

Each application or filing made under this
section shall include the social security number(s) of the applicant in
accordance with Section 93-11-64, Mississippi Code of 1972.

73-2-9.
Examinations for the license shall be held by the board annually. The board shall adopt rules and regulations
covering the subjects and scope of the examinations, publish appropriate
announcements, and conduct the examinations at the times designated. Except as otherwise provided in this
chapter, every applicant shall be required, in addition to all other requirements,
to take and pass a written examination.
Each written examination may be supplemented by such oral examinations
as the board shall determine.

73-2-11. The board may exempt from examination any
applicant who holds a license or certificate to practice landscape architecture
issued to him upon examination by a legally constituted board of examiners of
any other state or Washington, D.C., or any other territory or possession under
the control of the United States, provided that such requirements of the state
in which the applicant is registered are equivalent to those of this state.

Each nonresident
applicant shall submit, as part of the application, a sworn affidavit stating
that neither such applicant nor any person in or agent of the applicant's firm
has practiced or is practicing landscape architectural work in this state prior
to the applicant having been licensed by the board unless such person or agent
holds a license to practice landscape architecture in this state. Failure to submit this affidavit or
submitting an affidavit which is false in any respect shall constitute just
cause for denial of the application.

An applicant who is a licensed landscape
architect but who was admitted in a jurisdiction which did not offer a written
examination acceptable to the board or was admitted without the requirement of
passing a written examination may be issued a license to practice landscape
architecture in this state upon the taking and passing of any examination or
procedure as may be adopted by the board, provided that such applicant meets
all other requirements for issuance of a license to practice landscape
architecture in this state.

73-2-13. There shall be an advisory committee to the
board to consist of five (5) members appointed by the Governor from a list of
names supplied by Mississippi Chapter of the American Society of Landscape
Architects, giving the names of no fewer than three (3) times the number of
persons to be appointed. Each member of
the initially appointed committee shall be qualified as described by Section 73-2-7. Appointments shall be licensed landscape
architects only and shall be for five-year terms. Each member shall hold office until the appointment and
qualification of his successor.
Vacancies occurring prior to the expiration of the term shall be filled
by appointment in like manner for the unexpired term.

The committee shall
review, approve or disapprove, and make recommendations on all applications for
landscape architect's license. At the
direction of the board, the committee shall also review and investigate any
charges brought against any landscape architect as provided for in Section 73-2-16
and make findings of fact and recommendations to the board concerning any
disciplinary action which the committee deems necessary and proper pursuant to
Section 73-2-16.

Each member of the
committee shall be entitled to receive a per diem in such amounts as shall be
set by the board, but not to exceed the amount provided for in Section 25-3-69,
and shall be reimbursed for expenses that are incurred in the actual
performance of his duties under the provisions of Section 25-3-41.

Before entering upon the discharge of his
duties, each member of the committee shall take and subscribe to the oath of
office and file it with the Secretary of State. The committee shall elect at the first meeting of every calendar
year from among its members, a chairman and a secretary to hold office for one
(1) year.

73-2-15. The board shall require that every landscape
architect shall pay a biennial license renewal fee set by the board not in excess
of Two Hundred Dollars ($200.00). The
renewal fee shall be due and payable on the first day of January of each year
in which the fee is required to be paid and shall become delinquent after the
thirty-first day of January of such year, and if the renewal fee is not paid
before it becomes delinquent, a penalty fee of Five Dollars ($5.00) shall be
added to the amount thereof per month.
If the renewal fee and penalty are not paid before the first day of June
in the year in which they become due, the landscape architect's certificate
shall be suspended. The certificate may
be reinstated upon the payment of the renewal fee, the penalty fees and a
reinstatement fee of Fifty Dollars ($50.00), and provision of such proof of the
landscape architect's qualifications as may be required in the sound discretion
of the board.

The board shall send
a receipt to each landscape architect promptly upon payment of the renewal fee.

The board may
recognize, prepare or administer continuing education programs for landscape
architects as a basis for license renewal.

The board shall adopt an appropriate seal
for use by licensed landscape architects.

73-2-16. (1)
The board shall also have the power to revoke, suspend or annul the
certificate or registration of a landscape architect or reprimand, censure or
otherwise discipline a landscape architect.

(2) The board, upon satisfactory proof and in
accordance with the provisions of this chapter, may take the disciplinary
actions against any registered landscape architect for any of the following
reasons:

(a) Violating any of the provisions of Sections
73-2-1 through 73-2-21 or the implementing bylaws, rules, regulations or
standards of ethics or conduct duly adopted and promulgated by the board
pertaining to the practice of landscape architecture;

(b) Fraud, deceit or misrepresentation in
obtaining a certificate of registration;

(c) Gross negligence, malpractice, incompetency
or misconduct in the practice of landscape architecture;

(d) Any professional misconduct, as defined by
the board through bylaws, rules and regulations and standards of conduct and
ethics (professional misconduct shall not be defined to include bidding on
contracts for a price);

(e) Practicing or offering to practice landscape
architecture on an expired license or while under suspension or revocation of a
license unless said suspension or revocation be abated through probation;

(f) Practicing landscape architecture under an
assumed or fictitious name;

(g) Being convicted by any court of a felony,
except conviction of culpable negligent manslaughter, in which case the record
of conviction shall be conclusive evidence;

(h) Willfully misleading or defrauding any
person employing him as a landscape architect by any artifice or false
statement;

(i) Having undisclosed financial or personal
interest which compromises his obligation to his client;

(j) Obtaining a certificate by fraud or deceit;
or

(k) Violating any of the provisions of this
chapter.

(3) Any person may prefer charges against any
other person for committing any of the acts set forth in subsection (2). Such charges need not be sworn to, may be
made upon actual knowledge, or upon information and belief, and shall be filed
with the board. In the event any person licensed under Sections 73-2-1 through
73-2-21 is expelled from membership in any Mississippi or national professional
landscape architectural society or association, the board shall thereafter cite
said person to appear at a hearing before the board and to show cause why
disciplinary action should not be taken against that person.

The board shall
investigate all charges filed with it and, upon finding reasonable cause to
believe that the charges are not frivolous, unfounded or filed in bad faith,
may, in its discretion, cause a hearing to be held, at a time and place fixed
by the board, regarding the charges and may compel the accused by subpoena to
appear before the board to respond to said charges.

No disciplinary
action taken hereunder may be taken until the accused has been furnished both a
statement of the charges against him and notice of the time and place of the
hearing thereof, which shall be personally served on the accused or mailed by
registered or certified mail, return receipt requested, to the last known
business or residence address of the accused not less than thirty (30) days
prior to the date fixed for the hearing.

(4) At any hearing held under the provisions of
this section, the board shall have the power to subpoena witnesses and compel
their attendance and require the production of any books, papers or
documents. The hearing shall be
conducted before the full board with the president of the board serving as the
presiding judge. Counsel for the board
shall present all evidence relating to the charges. All evidence shall be presented under oath, which may be
administered by any member of the board, and thereafter the proceedings may, if
necessary, be transcribed in full by the court reporter and filed as part of
the record in the case. Copies of such
transcription may be provided to any party to the proceedings at a cost to be
fixed by the board.

All witnesses who
shall be subpoenaed and who shall appear in any proceedings before the board
shall receive the same fees and mileage as allowed by law in judicial civil
proceedings, and all such fees shall be taxed as part of the costs of the case.

Where in any
proceedings before the board any witness shall fail or refuse to attend upon
subpoena issued by the board, shall refuse to testify or shall refuse to
produce any books and papers, the production of which is called for by the
subpoena, the attendance of such witness and the giving of his testimony and
the production of the books and papers shall be enforced by any court of
competent jurisdiction of this state in the manner provided for the enforcement
of attendance and testimony of witnesses in civil cases in the courts of this
state.

The accused shall
have the right to be present at the hearing in person, by counsel or other
representative, or both. The accused
shall have the right to present evidence and to examine and cross-examine all
witnesses. The board is authorized to
continue or recess the hearing as may be necessary.

(5) At the conclusion of the hearing, the board
may either decide the issue at that time or take the case under advisement for
further deliberation. The board shall
render its decision not more than forty-five (45) days after the close of the
hearing, and shall forward to the last known business or residence address of
the accused by certified or registered mail, return receipt requested, a
written statement of the decision of the board.

If a majority of the
board finds the accused guilty of the charges filed, the board may: (a) issue a public or private reprimand; (b)
suspend or revoke the license of the accused, if the accused is a registrant;
or (c) in lieu of or in addition to such reprimand, suspension or revocation,
assess and levy upon the guilty party a monetary penalty of not less than One
Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) for
each violation.

(6) A monetary penalty assessed and levied under
this section shall be paid to the board upon the expiration of the period
allowed for appeal of such penalties under this section, or may be paid sooner
if the guilty party elects. Money
collected by the board under this section shall be deposited to the credit of
the board's general operating fund.

When payment of a
monetary penalty assessed and levied by the board in accordance with this
section is not paid when due, the board shall have the power to institute and
maintain proceedings in its name for enforcement of payment in the chancery
court of the county and judicial district of the residence of the guilty party
and if the guilty party be a nonresident of the State of Mississippi, such
proceedings shall be in the Chancery Court of the First Judicial District of
Hinds County, Mississippi.

(7) When the board has taken a disciplinary
action under this section, the board may, in its discretion, stay such action
and place the guilty party on probation for a period not to exceed one (1) year
upon the condition that the guilty party shall not further violate either the
law of the State of Mississippi pertaining to the practice of landscape
architecture or the bylaws, rules and regulations, or standards of conduct and
ethics promulgated by the board.

(8) The board, in its discretion, may assess and
tax any part or all of the costs of any disciplinary proceedings conducted
under this section against the accused, if the accused is found guilty of the
charges.

(9) The power and authority of the board to
assess and levy the monetary penalties provided for in this section shall not
be affected or diminished by any other proceeding, civil or criminal,
concerning the same violation or violations except as provided in this section.

(10) The board, for sufficient cause, may reissue
a revoked license of registration whenever a majority of the board members vote
to do so but in no event shall a revoked license be issued within two (2) years
of the revocation. A new license of
registration required to replace a revoked, lost, mutilated or destroyed
license may be issued, subject to the rules of the board, for a charge not to
exceed Twenty-five Dollars ($25.00).

(11) The board may direct the advisory committee
to review and investigate any charges brought against any landscape architect
under this chapter and to hold the hearings provided for in this section and to
make findings of fact and recommendations to the board concerning the
disposition of such charges.

(12) Nothing herein contained shall preclude the
board or advisory committee from initiating proceedings in any case. The advisory committee shall furnish legal
advice and assistance to the board whenever such service is requested.

(13)
In addition to the reasons specified in subsection (2) of this section,
the board shall be authorized to suspend the license of any licensee for being
out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license
for being out of compliance with an order for support, and the procedure for
the reissuance or reinstatement of a license suspended for that purpose, and
the payment of any fees for the reissuance or reinstatement of a license
suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163,
as the case may be. If there is any
conflict between any provision of Section 93-11-157 or 93-11-163 and any
provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as
the case may be, shall control.

73-2-17. Each applicant for examination as a
landscape architect shall pay to the board for the purposes of procuring,
administering and grading the examination, an administration fee not to exceed
One Hundred Dollars ($100.00) together with an application fee in such amount
as the board may set, but in no event to exceed the actual cost to the board of
purchasing, preparing and evaluating the examination. Upon passing the examination and meeting the requirements of this
chapter and upon paying an initial registration fee in an amount set by the
board, an applicant shall be issued an original certificate as a licensed
landscape architect and a rubber stamp bearing the seal adopted by the board
for use by landscape architects. Each
holder of a certificate as provided herein shall be entitled to practice as a
licensed landscape architect without additional fee or charge until the next
biennial renewal period, and thereafter upon payment of the biennial license
fee as provided by Section 73-2-15.

A fee of Twenty-five
Dollars ($25.00) shall be charged for each duplicate certificate issued by the
board.

All checks or money orders submitted to the
board shall be made payable to the board.

73-2-19. This chapter shall not require licensing in
the following cases:

(a) The practice of landscape architecture by
any person who acts under the supervision of a registered landscape architect
or by an employee of a person lawfully engaged in the practice of landscape
architecture and who, in either event, does not assume responsible charge of
design or supervision.

(b) The practice of landscape architecture by
employees of the United States government while engaged within this state in
the practice of landscape architecture for said government.

(c) The practice of planning as customarily done
by regional and urban planners.

(d) The practice of arborists, foresters,
gardeners, home builders, floriculturists and ornamental horticulturists
performing their respective trades or professions.

(e) The practice of any nurseryman or landscape
contractor to practice planting design, planting, and location and arrangement
of plant materials.

(f) The practice of architecture or engineering
as defined by the laws of the State of Mississippi including, but not limited
to, such planting as might be incidental to such practice.

(g) The work or practice of a regular employee
of a public service company or public utility, by rendering to such company
landscape architectural service in connection with its facilities which are
subject to regulation, supervision and control in order to safeguard life,
health and property by the Public Service Commission of this state shall be
exempt so long as such person is thus actually and exclusively employed.

(h) Any person, firm or corporation performing
landscape architecture and working on his own land or property.

(i)Golf course architects engaged in the preparation of drawings and
specificationsfor a golf course, in
accordance with accepted professional standards of public health and safety.

(a) Offer to practice or hold himself out as
entitled to practice landscape architecture, unless duly certified and
registered under this chapter.

(b) Present as his own the certificate of
another.

(c) Give false or forged evidence to the board
or any member thereof in obtaining a certificate.

(d) Falsely impersonate any other practitioner
of like or different name.

(e) Use or attempt to use a certificate that has
been revoked.

(f) Otherwise violate any of the provisions of
this chapter.

Such misdemeanor
shall be punishable by a fine of not less than Five Hundred Dollars ($500.00)
and not more than One Thousand Dollars ($1,000.00), or imprisonment for not
more than one (1) year in the county jail, or both.

If any person, firm or corporation violates
any of the provisions of this chapter, the secretary of the board shall, upon
direction of a majority of the board, in the name of the State of Mississippi,
acting through an attorney employed by the board, apply in any chancery court
of competent jurisdiction for an injunction or temporary restraining order
pursuant to the Mississippi Rules of Civil Procedure enjoining such violation
or for an order enforcing compliance with the provisions of this chapter. If at such hearing it is established that
such person has violated or is violating this chapter, the court may, in
addition to enjoining such violation or enforcing compliance with this chapter,
award all cost and expenses, including reasonable attorney's fees, to the
board. In case of violation of any decree
issued in compliance with this paragraph, the court may try and punish the
offender for contempt of court and shall fine such offender a sum of not less
than Two Hundred Fifty Dollars ($250.00) per offense. Each day of such violation shall constitute a distinct and
separate offense.

73-2-23.
All courts of competent jurisdiction within their respective territorial
jurisdiction are hereby empowered to hear, try and determine such crimes
without indictment and to impose in full the punishments of fines and
imprisonments herein prescribed. All violations of this chapter, when reported
to the board and duly substantiated by affidavits or other satisfactory
evidence, shall be investigated by it, and if the report is found to be true
and the evidence substantiated, the board shall report such violations to the
Attorney General and request prompt prosecution.